Delhi

StateCommission

CC/74/2017

TARUN DAS & ANR. - Complainant(s)

Versus

BENGAL UNITECH UNIVERSE INFRASTRUCTURE PVT. LTD. & ANR. - Opp.Party(s)

VISHAL MALHOTRA

16 Apr 2019

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Arguments :16.04.2019

Date of Decision : 24.04.2019

COMPLAINT NO.74/2017

In the matter of:

 

1. Shri Tarun Das,

1028. Beverly Park-I,

DLF Phase-II,

Gurgaon, Haryana-122002.

 

2. Shri Srijoy Das,

1029. 1028 Beverly Park-I,

DLF Phase-II,

Gurgaon, Haryana-122002.………Complainants

 

 

Versus

 

1. Bengal Unitech Universal

Infrastructure Pvt. Ltd.

Regd. Office 6 Community Centre,

Saket, new Delhi-110017.

 

2. Sidhartha Shanker Bhowmick,
3.  

Flat No.901, Tower-1,

Harmony Apptt.,

Nirvana country,

Gurgaon- 122001 Haryana.

 

3. Sameer Bahri,
4.  

Flat No.4A, 5 Rawdon Street Rawdon heights,

Kolkata-700020 West Bengal.

 

4. Sanjay Kumar Singh,
5.  

910, Hindon Hight, Sector-IV,

Ghaziabad-201001 UP.

 

 

 

5. Jyoti Kanojya
6.  

A-64 DDA Flats East of Kailash,

New delhi-110065.

 

6. Samar Kumar Chatterjee,
7.  

BA-85, Sector-1, Salt Lake City,

Kolkata-700065 West Bengal.

CORAM

Hon’ble Sh. O. P. Gupta, Member (Judicial)

1.     Whether reporters of local newspaper be allowed to see the judgment?                                                      Yes/No

2.      To be referred to the reporter or not?                                                                                                           Yes/No

Shri O.P. Gupta, Member (Judicial)

JUDGEMENT

1. The case presented by the complainants is that they are father and son, on 12.10.06 they booked two bed room residential apartment in  “Uniworld City – Cascades-Kolkata” of the OP. The value f the flat was Rs.44,65,530/-. They were allotted apartment no.0402 on 4^th Floor, Tower-7 having super area of approximately  1462 sq. ft. Possession was assured to be delivered by 31.03.10. They deposited Rs.3,99,857/- at the time of booking. Balance amount was to be paid as per payment schedule under time linked plan containing 16 installments. Buyer agreement dated  22.12.06 was executed. The OP was to pay compensation @5 per sq. ft per month for delay in offering possession. Complainants’ have made all payments as per schedule without any default and only last payment is pending which is to be paid on  final notice of possession. No construction is being carried out. The OP have taken Rs.39,95,962/- and have neither offered possession nor refunded amount.
2. OP-1 alone was summoned vide order dated 13.02.17. Complainant got dasti notice served on OP-1 for 19.12.17. The OP-1 did not put in appearance and has been proceeded exparte.
3. In their exparte evidence both the complainants have filed their own affidavits. Complainants have also filed written arguments. I have gone through the material on record and heard argument . The complainants sent legal notice dated  12.07.16 seeking refund of the payment alongwith 18% per annum interest. The complainants have also prayed for penalty for delayed possession and damages for mental agony.
4. The complainant can not get penalty for delayed possession as possession has not been offered even now. Complainant can not get interest @18% per annum  simply because the OP wanted to charge that interest from the persons who booked the apartment and committed default in the payment of amount.
5. In Shashank Shekhar Jha vs. Unitech Acacia Project Pvt. Ltd. decided on 20.08.18  the  National Commission allowed compensation  in the form of simple interest @10% per annum from date of each payment till the date of refund.
6. In view of the above discussion OP-1 is directed to refund Rs.39,95,962/- alongwith interest @10% per annum from  the date of respective payments till the date of refund. Order be complied within 45 days from the receipt of copy of this order.
7. Copy of the order be sent to both the parties free of cost.
8. File be consigned to record room.

 

 

 

(O.P. GUPTA)                                                     

MEMBER (JUDICIAL)